Los Angeles, CA asked in Personal Injury, Health Care Law and Medical Malpractice for California

Q: What are legal ground to file motion to quash defendants's deposition notice in California Superior Court?

What are legal ground to file motion to quash defendants's deposition notice in California Superior Court?

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: It would be a motion for protective order.

Many grounds are possible, including the person may not lawfully be deposed, the notice was not proper, and other reasons including those that are case specific.

The way to analyze how to stop a deposition would be to start with the reason you do not want the deposition to go forward and research if that is a valid legal reason.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California Superior Court, valid legal grounds to file a motion to quash a defendant's deposition notice include:

1. The deposition notice is procedurally defective. This could mean it lacks proper service, fails to provide the required notice period, or does not specify a reasonable time and place for the deposition.

2. The deposition seeks information that is irrelevant to the case. If the information requested does not have any reasonable bearing on the subject matter of the litigation, this can be a basis to quash.

3. The deposition imposes an undue burden or expense. If complying with the deposition notice would cause significant hardship or expense disproportionate to its potential benefit, this could justify a motion to quash.

4. The deposition infringes upon privileged or protected matters. If the deposition seeks information that is privileged, such as attorney-client communications or trade secrets, this is a strong ground for a motion to quash.

5. The deposition is overly broad or harassing. If the scope of the deposition is excessively wide or seems intended to harass or oppress the party or witness, this can be a basis for the motion.

In each case, the specific facts and circumstances will determine the appropriateness of filing a motion to quash. It's crucial to carefully assess the deposition notice in light of these potential grounds.

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